HomeMy WebLinkAboutResolutions - 1973.12.20 - 15418The following resolution is with reference to _ENLARGING__TT-TE -DISTRICT
TO BE SERVED BY THE PAINT CREEK INTERCEPTOR AND IS WHOLLY
OAKLAND TOWNSHIP WHICH WAS REQUESTED BY SAID TOWNSHIP OF OAKLAND,
and since a copy of the resolution has, priot to this meeting been mailed to
all members of this Board ---I respectfully request that reading of same be
waived.
The Public Works Committee, by
it s
Resolution:
, moves the adoption of the following
PUBLIC WORKS COMMITTEE
By
Chairman
'
At a regular meeting of the Board of Commissioners of
Oakland County held in the Commissioners Auditorium at the Oakland
County Building in the City of Pontiac, Michigan, on Thursday
the 20th day of December , 1973, at 9:30 o'clock
Eastern Standard Time
PRESENT: Berman, Brotherton, Button, Coy, Dunleavy, Hobart, Houghten, Kasper,
Lennon, Mathews, Montante, Nowak, Patnales, Perinoff, Quinn, Richardson,
Vogt, Walker, Wilcox. (19)
ABSENT: Burley, Dearborn, Douglas, Gabler, Hoot, Moffitt, Olson, Pernick e (8)
December 20, 1973
Miscellaneous Resolution No
Recommended by the Board of Public Works - By: Mr. Patnales
Re: CLINTON-OAKLAND SEWAGE DISPOSAL
SYSTEM - PAINT CREEK INTERCEPTOR
Mr. Patnales presented the Agreement referred to
in the following resolution, a copy of which Agreement has been
sent to each member of the Board of COmmissioners.
The following resolution was offered by Patnales
6519
RESOLUTION PROPOSED BY OAKLAND COUNTY BOARD
OF PUBLIC WORKS WITH RESPECT TO CLINTON-OAKLAND
SEWAGE DISPOSAL SYSTEM - PAINT !CREEK INTERCEPTOR
WHEREAS, the Oakland County Board of Public Works has
approved a form of Agreement to be dated September 1, 1973, between
the County of Oakland and the Township of Oxford, the Township of
Orion, the Township of Avon, the Township of Oakland, the Village
of Oxford and the Village of Lake Orion for the addition of areas
within the Clinton-Oakland Sewage Disposal District by enlargement
of the Paint Creek Interceptor District within the Township of
Oakland, and did authorize the Chairman and Secretary of the Board
of Public Works to execute said Agreement subject to the approval
of this Board of Commissioners; and
WHEREAS, the aforesaid municipalities have all approved
said Agreement and authorized it to be executed by each of the
said municipalities.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman and
Secretary of the Board of Public Works be and they are hereby
authorized and directed to execute and deliver on behalf of said
County of Oakland, an Agreement to be
between the County of Oakland and the
dated September 1, 1973,
Township of Oxford, the
Township of Orion, the Township of Oakland, the Township of Avon,
the Village of Oxford, and the Village of Lake Orion which reads as
follows:
AGREEMENT RELATIVE TO THE ADDITION
OF AREAS TO CLINTON-OAKLAND SEWAGE
DISPOSAL SYSTE M
PAINT CREEK INTERCEPTOR DISTRICT
THIS CONTRACT, made as of the 1St day of September, 1973,
by and between the COUNTY OF OAKLAND, a Michigan county corporation
(hereinafter called the "county"), by and through its Board of Public
Works, party of the first part, and the TOWNSHIP OF OXFORD, the
TOWNSHIP OF ORION, the TOWNSHIP OF AVON, the TOWNSHIP OF OAKLAND, the
VILLAGE OF OXFORD, and the VILLAGE OF LAKE ORION, township and village
corporations in the County of Oakland (hereinafter called the "munici-
palities"),' parties of the second part:
WITNESSETH:
WHEREAS, the Oakland County Board of Supervisors by Resolu-
tion Misc, No. 4342, adopted on June 22, 1964, did approve of establish-
ment of the Clinton-Oakland Sewage Disposal System (herein sometimes
called the "System") to serve the ClintonfOakland Sewage Disposal
District (herein sometimes called the "District") within which district
lie all of 'the municipalities party to this Contract; and
WHEREAS, Act No 165 of the Michigan Public Acts of 1957, as
amended, grants to the board of public works in any county, having a
department of public Works the power to acquire sewage disposal systems
as defined in said Act and to improve, enlarge and extend any system
acquired pursuant thereto; and
WHEREAS, pursuant to the Clinton-Oakland Sewage Disposal
Sytem, Paint Creek Interceptor Contract,: dated January 15, 1969,
(herein called the "Interceptor Contract") between the County and
the municipalities, the said county, acting through its Department
of Public Works extended the Clinton-Oakland Sewage Disposal System
by acquisition of the Paint Creek Arm to Serve certain designated
areas in the municipalities which are part of the areas in the
Clinton-Oakland Sewage Disposal District; i and
WHEREAS, by the terms of said Apt the county and the munici-
palities are authorized to .enter into a cOntract for the enlargement
or extension. of_a s_ewa,ge_disposa .1, system and of its,district .within
the municipalities; and
WHEREAS, the Township of Oakland desires to enlarge the areas
in its boundaries to be served by the so-!called Paint Creek Interceptor
(hereinafter sometimes referred to as the "Interceptor") such addi-
tional areas being in the District to be !served by the System but not
in the areas to be served by the Interceptor, such additional areas to
be located as shown on Exhibit "A-l" attached hereto and made a part
hereof by this reference; and
WHEREAS, no other municipality in the Clinton-Oakland Sewage
Disposal District will he affected at this time by the enlargement of
the service area for said Paint Creek Interceptor; and
WHEREAS, in order to accomplish such enlargement, it is
necessary that the county and the municipalities enter into this
contract.
THEREFORE, IT IS HERE13Y AGREED BY AND BETWEEN THE PARTIES
HERETO, as follows:
1. The service area for the Paint Creek Interceptor is
by enlaYqed an shown on E:-:hibit "A-1" prepared by Johnson & her
Anderson, Inc., registered professional cnigineers, which exhibit is
hereby approved and adopted in the form attached hereto. The said
Interceptor shall continue to consist of an interceptor sewer and
appurtenant facilities, located approximately as set forth and
generally shown on the Revised Exhibit "A"! attached to the Inter-
ceptor Contract which shall collect and dispose of sewage from the
area shown on said Exhibit "A-1" hereto attached. No area not
included within the area shown on Exhibit 1"A-1" shall be served by
or connected to the Interceptor except by further agreement by the
parties hereto in writing. Except for enlargement of the area
served by the Interceptor, the provisions of the Interceptor Contract
and of the Base Contract pertaining to the System shall remain in
Lull force and effect.
2. It is understood and agrcedlby the parties hereto that
the capacity of the interceptor to serve the municipalities has not
been enlarged hereby and that the Township of Oakland is limited to
the population equivalent and allocated capacity assigned to it in
Revised Exhibit "c" to the Interceptor Contract and the Township of
Oakland cannot exceed such capacity allocation even though all of the
area hereby designated has not been serve(3.
3. The provisions of this contact shall not modify or
terminate the security of any bonds Issued by the county upon the
full faith and credit pledge of the municipalities.
4. This contract shall become effective upon being approved
by the governing bodies of each of the mOnicipalities and by the Board
of Public Works and Board of Commissioners of Oakland County and
properly ceeuted by the officers of the municipalities and of the
hoard of Public Works. This contract shall terminate on such date
•
. , when the Interceptor Contract termlnates.i This contract may be
executed in several counterpar_ts ..
IN WITNESS WHEREOF, the parties1 hereto have caused this con-
tract to be executed and delivered by their respective duly authorized
officers, all as of the day and year first above written.
COUNTY OF OAKLAND
BY ITS BOARD OF PUBLIC WORKS
By
Chairman
By
Secretary
TOWNSHIP OF OXFORD
By
Supervisor
By
Township Clerk
TOWNSHIP OF ORION
By
Supervisor
By - , Township Clerk
TOWNSHIP OF AVON
By
. OUpOrylor
To-F..,11:ip Clerk
TOWNSHIP Oy OKLAND
By
By
Township Clerk
VILLAGE OF OXFORD
•
By
_
By
Village Clerk
VILLAGE OF LUE ORION
By
PrOsident
By
SUpervi SUpervisor
Prqsid Prqsident
PAINT CREEK INTERCEPTOR SEWER
DISTRICT LIMITS
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CLINTON —OAKLAND SEWAGE DISPOSAL SYSTEM
All\tir CREEK INTERCEPTOR
OAKLAND COUNTY DEPARTMENT OF PUBLIC WORKS
NO. I Public Works Drive
Johnson a Anderson, Inc.
Consulting En ginoers
Pontiac, Michigan.
EXHIBIT ILA—I
August 1973
BE IT FURTHER RESOLVED, that the officers of the Board of
Public Works are authorized to execute and deliver such number of
original copies of said Agreement as they may deem advisable.
PUBLIC WORKS COMMITTEE
Robert F. Patnales, Chairman
Mr. Patnales moved the adoption of the foregoing
On resolution. The motion was supported by Mr. Lennon
roll call the resolution was adopted by the following vote:
Yeas: Brotherton, Button, Coy, Dunleavy, Hobart, Houghten„ Kasper, Lennon,
Mathews, Montante, Nowak, Patnales, Perinoff, Walker, Wilcox, Berman. (16)
Nays: None. (0)
Absent: Burley, Dearborn, Douglas, Gabler, Hoot, Moffitt, Olson,Pernick, Quinn,
Richardson, Vogt. (11)
STATE OF MICHIGAN )
COUNTY OF OAKLAND )
I, the undersigned, the duly qualified and acting County
Clerk of the County of Oakland, do hereby certify that the fore-
going is a true and complete copy of a resolution adopted at a
Regular meeting of the Oakland County Board of Commissioners,
held on the 20th d ay of December , 1973, the original of
which is on file in my office.
. IN WITNESS WHEREOF, I have hereunto affixed my official
S S:
signature this 21st day of December , A.D. 1973.
County Clerk